Wednesday, February 27, 2008

Niagara Falls Company & Supervisor fined in trench death

ST. CATHARINES, ON, Feb. 26 /CNW/ - Tony Garofalo's Concrete Works Limitedwas fined $120,000 and a supervisor fined $5,000 in the Ontario Courtof Justice after pleading guilty in the death of a worker in a trench collapse.

Justice of the Peace Carolyn Straughan heard that, on July 13, 2006, the company was waterproofing the basement walls of a home at 6200 Trillium Cres., Niagara Falls. Workers had dug a trench along the side of the house for the work. A worker was in the trench when its wall collapsed. The worker was buried under soil. Co-workers unsuccessfully tried resuscitation. The worker was pronounced dead at the scene.

A Ministry of Labour investigation found that the trench did not have shoring or a support system, as required under section 234(1) of OntarioRegulation 213/91, the Construction Regulation of the Occupational Health and Safety Act, nor was it sloped as defined in the regulation, section 234(2)(f).

The company pleaded guilty as a constructor to failing to comply with section 234(1) of Ontario Regulation 213/91, contrary to section 23(1)(c) of the Occupational Health and Safety Act. Antonio Garofalo, supervisor of Tony Garofalo's Concrete Works Limited, pleaded guilty to failing to ensure that access to and egress from a work area below ground was from stairs, runway,ramp or ladder, as required by section 70(1) of Ontario Regulation 213/91. This was contrary to section 27(1)(a) of the Occupational Health and SafetyAct.

In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.